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U.S. v. SCOPO

No. 168, Docket 93-1201.

19 F.3d 777 (1994)

UNITED STATES of America, Appellant, v. Ralph SCOPO, Jr., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 21, 1994.

Attorney(s) appearing for the Case

Andrew Weissmann, Asst. U.S. Atty., Brooklyn, NY (Mary Jo White, U.S. Atty. for the Eastern District of New York, David C. James, Asst. U.S. Atty., of counsel), for appellant.

Steven R. Kartagener, New York City (Kartagener & Stavis, New York City, James J. DiPietro, Aronne & DiPietro, Brooklyn, NY, of counsel), for defendant-appellee.

Before: NEWMAN, Chief Judge, PIERCE and MINER, Circuit Judges.

PIERCE, Circuit Judge:

On February 11, 1992, defendant-appellee Ralph Scopo, Jr., was indicated for the possession of a firearm with the manufacturer's serial number removed, obliterated or altered and which had been shipped and transported in interstate commerce, in violation of 18 U.S.C. § 922(k) (1988 & Supp. IV 1992), based upon his possession of a fully loaded .38-caliber pistol in the backseat of his car discovered in a January 17, 1992 search of the...

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